Case Details

Citation(s)
2007 SLG 3087 2007 SLD 3087 2007 PLJ 414
Lahore High Court
Crl. A. No. 7-J of 2002 and M.R. No. 338 of 2001, heard on 30.11. 2006.
IJAZ AHMAD CHAUDHRY AND MUHAMMAD FARRUKH MAHMUD, JJ.
Mian Abdul Qayyum Anjum, Advocate for Appellant. Mr. Badar Munir, Advocate for State (in Criminal Appeal No. 7/J of 2002). Mr. A.H. Masood, Advocate for State (in Murder Reference No. 338 of 2001).

LIAQAT ALI--Appellant

VS

STATE--Respondent

Law:

Section:

Pakistan Penal Code, 1860 (XLV of I860)-- ----S. 302(b)--Appreciation of evidence--Ocular version was consisted of the statements of son of deceased, who being inmate of the house, his presence at the spot could not be doubted--Other PW who though was neighbour and had friendly relations with complainant, but had no previous enmity or ill-will against accused so as to depose against him falsely--Identity of accused was also not in doubt as accused was married with sister of complainant and was known to PW as well--At the time of occurrence lantern was on and the inmates of the house were gossiping with one another--Both witnesses had given consistent, coherent, natural and trustworthy account of the incident--Intrinsic value of their evidence, could not be shaken during cross-examination--Complainant had no time to fabricate the story as the matter of the occurrence was reported to the police within two hours of the occurrence at the police station, which was at a distance of 10 Kms--Statements of the eye-witnesses were fully supported by the medical evidence--No plausible reason was available on the record for substitution of a killer with an innocent person--Neither empties nor recovered pistol having been sent to Forensic Science Laboratory, said evidence could not be considered against accused--Prosecution having successfully proved its case against accused through ocular evidence, which was fully supported by medical evidence and corroborated by circumstances of the case, like lodging of F.I.R. without delay and motive. Trial Court had rightly convicted and sentenced accused--In absence of any mitigating circumstances in favour of accused, sentence awarded to accused could not be reduced--Judgment passed by the Trial Court was maintained and Murder Reference was answered in affirmative and death sentence was confirmed. [Pp. 417 & 418] A & B Judgment Muhammad Farrukh Mahmud, J.--This judgment will dispose of Criminal Appeal No. 7-J of 2002 filed by Liaqat Ali, who faced trial in case F.I.R. No. 96, registered at Police Station Pipplan, Mianwali, on 2-9-1999, for offence under Section 302, P.P.C., before learned Sessions Judge, Mianwali, who after…
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